SHIV CHARAN SINGH Vs. XITH A D J

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India by the tenant, the petitioner has prayed for quashing the judgment and Order dated 5.5.1995 and 22.5.1998 passed by respondent No. 2 and 2.11.1998 passed by the respondent No. 1 (Annexures-2, 8 and 9 to the writ petition) respectively.

(2.) Counter and rejoinder-affidavits have been exchanged between the parties and are on record. With the consent of learned counsel for the parties, the petition is being disposed of finally at this stage.

(3.) It appears that S.C.C. Suit No. 99 of 1994 was filed by the landlord for evicting the tenant-petitioner from house No. 1/27, Indra Puri Chharra Adda, Aligarh and for recovery of arrears of rent and damages in the Court of Judge Small Causes. The suit was filed on 9.8.1994 and the Judge directed to issue summons to tenant fixing 8.10.1994 for final hearing. On 10.10.1994, summons was received back unserved and Court fixed 25.10.1994 for awaiting summons. On 25.10.1994, the plaintiff along with his counsel appeared in the Court but none appeared on behalf of defendant and as such, the Court passed Order for proceeding ex parts against the defendant and fixed 28.11.1994 for ex parte hearing. Ultimately, the suit was decreed ex parte on 5.5.1995.